§ 28-75-107. Disclosure of content of electronic communications of deceased user

AR Code § 28-75-107 (2018) (N/A)

Copy with citation

Copy as parenthetical citation

(1) a written request for disclosure in physical or electronic form;

(2) a certified copy of the death certificate of the user;

(3) a certified copy of Letters Testamentary, Letters of Administration, or a small-estate affidavit or court order;

(4) unless the user provided direction using an online tool, a copy of the user's will, trust, power of attorney, or other record evidencing the user's consent to disclosure of the content of electronic communications; and

(5) if requested by the custodian:

(A) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;

(B) evidence linking the account to the user; or

(i) the user had a specific account with the custodian, identifiable by the information specified in subparagraph (5)(A);

(ii) disclosure of the content of electronic communications of the user would not violate 18 U.S.C. § 2701 et seq., as amended, 47 U.S.C. § 222, as amended, or other applicable law;

(iii) unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications; or

(iv) disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate.

Previous Section

§ 28-75-106. Procedure for disclosing digital assets

Next Section

§ 28-75-108. Disclosure of other digital assets of deceased user